POPLA Appeal WON - vs Parking Eye Limited

Zynxe

Kudos to you for beating the parking cowboys. But will the regulators ever catch up with these scamsters any time soon? I am begining to wonder is PoFA 2012 is applicable to PPCs. I can understand it's applicability for Councils and Government/Quasi Government agencies that manage parking areas but for private agencies like PE etc? Experts, please throw some light.

prjohnsonnn10

Hi - have you or anyone got the ref number from popla and the assessors name ? thanks

catfunt

Interesting that this appeal succeeded where other very recent ones have failed on landowner authority.

We would really like to know the name of the assessor on this one.

Further ammunition for those making complaints about flawed assessments,,,,

Assessor supporting rational for decision
While the appellant has raised a number of grounds for appeal, my report will focus solely on the landowner authority, as this supersedes the other aspects of the appeal. “Section 7 of the British Parking Association (BPA) code of practice requires Operators to own the land or to have written authority from the landowner to operate on the land.” As the Operator has failed to provide any sufficient evidence in response to this ground of appeal, it has failed to prove that it has the required authority to operate on the land in question. As such I have no requirements to take into consideration other points made by the appellant.

Did you get an evidence pack from PE? What evidence did it have about landowner authority? A "Witness statement"? or nothing at all??

Did you post any rebuttal to POPLA after receiving the evidence pack?

Comparing with this case here: https://forums.moneysavingexpert.com/discussion/5435235 on landowner authority:

C4WRX wrote: »

DecisionUnsuccessful
Assessor NameCarly Law

(I've snipped most of this, leaving the landowner-relevant bits in. catfunt.)

2. Contract with the landowner – The appellant states that the operator does not own nor have any interest or assignment of title of the land in question. As such, he does not believe that the operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed to allege a breach of contract. The appellant says that he requires sight of a full copy of the actual contemporaneous, signed and dated site agreement/contract with the landowner.

The appellant has raised several grounds for appeal. I have addressed each of these below:


Contract with the landowner: ParkingEye have produced a witness statement, signed by a representative of the landowner, stating that the operator had the appropriate authority of the landowner to operate in the car park on the date in question.. I am satisfied this meets the criteria to show it has the authority to operate on this land. An operator does not need to provide a full contract due to this containing commercially sensitive information. This meets the criteria set out in the BPA Code of Practice, section 7.

Interesting.

4consumerrights

buffness wrote: »

LETTER TO POPLA:



ADDRESS

DATE

Parking on Private Land Appeals
PO Box 70748
London
EC1P 1SN

Dear Sir/Madam,

I assume therefore that the code was issued during the changeover period as that is not the address for POPLA ...

.... so the charge was issued over 8 months ago?

Well done on winning the appeal. There were/are several old ones coming back successful where no contract has been supplied.

buffness

catfunt wrote: »

Interesting that this appeal succeeded where other very recent ones have failed on landowner authority.

We would really like to know the name of the assessor on this one.

Further ammunition for those making complaints about flawed assessments,,,,

Did you get an evidence pack from PE? What evidence did it have about landowner authority? A "Witness statement"? or nothing at all??

Did you post any rebuttal to POPLA after receiving the evidence pack?

Comparing with this case here: https://forums.moneysavingexpert.com/discussion/5435235 on landowner authority:



Interesting.

Hi,

The assessors name is Samuel Connop.

I did have a pack from PE but I was away abroad in India and had poor internet access therefore it was impossible to download the file as it was 6/7MB. As a result, I didn't get to read it.

I can double check later.

catfunt

OK. Look forward to seeing what the evidence pack contained......

buffness

catfunt wrote: »

OK. Look forward to seeing what the evidence pack contained......

I'm more than happy to do this but as mentioned above, I'm not savvy when it comes to open forums.
Do you want me to upload the file to here? If so, how do I remove any personal details as the file is in PDF format?

catfunt

No need to upload anything..

Just need a summary of what was in there with regard to having the landowner authority to issue parking charges.... was there:

a) nothing at all,

b) a "signed witness statement" or similar to say that they had permission from the landowner to issue parking charges,

c) a redacted copy of the contract between PPC and landowner apparently showing that they have permission to issue parking charges (unlikely), or

d) a full unredacted copy of the contract between PPC and landowner (impossible).